All change for agricultural tenancies?

Posted 12th June 2019

Yet another aspect of the Government’s view for the future
of the farming industry was unveiled in April with the issue of a
consultation paper on proposed changes to the legislation governing
agricultural tenancies.

The Government is acutely aware that productivity growth in
UK agriculture has lagged behind that of our competitors for many years and
sees agricultural tenancy reform as one of the ways by which this trend could
be reversed. The intention is to:

Provide an enabling environment for sustainable productivity improvements and investment

Facilitate structural change and support new entrants and next generation farmers so the sector has the skills and talent needed to thrive in the future

Enable tenant farmers to access new agricultural and land management schemes

The proposed farming industry reforms follow on from recent
findings of the Tenancy Reform Industry Group, where succession provisions and
restrictions in the 1986 Agricultural Holdings Act (AHA) were felt to be a
barrier to productivity gains. Key provisions within the consultation
recommendations are:

Making 1986 Act agricultural tenancies assignable, subject to a 25-year term and a pre-emption right for the landlord

Encouraging retirement by removing the minimum age at which a retirement succession claim can be made and possibly removing succession rights where tenants are well past retirement age (with corresponding amendments to the rules on council farms)

Modernising succession rules to change the tests which a successor must meet and the definitions of family members who might be eligible to succeed

Making it easier for landlords to regain possession of land let under Farm Business Tenancies FBT) in certain circumstances, such as non-payment of rent

The proposals have implications for both landlords and tenants within the farming industry. Some landlords who were looking forward to regaining possession may find that a successor may now come forward and extend the tenancy for another 25 years (or oblige the landlord to buy out the former tenant to prevent this happening). Agricultural tenants may now find that they have been given a valuable asset which may ease their retirement. Some landlords may take fright at this tilting of the playing field in favour of the tenant and decide to keep land in hand rather than let it under an FBT. Tax authorities will now have a conclusive answer to the vexed question of how much an AHA tenancy is worth in the hands of the tenant.